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DEED OF TRUST oa4B5/ /CSe20 <br />W <br />Recordings Requested by 8 <br />TED L MERITXEW When Recorded Return To* i TRa Nri ITNEW, NARY ELLEN XERITXCW. Nbd AAd ANO WIPE <br />US Recordings, Inc. <br />uaz scaeN ...loppe 2925 Country Drive Ste 201 <br />St. Paul, . MN 55117 Auoness >. <br />1359 LARLAT GN � � Z$ 57,pg <br />ORAND ISLAND, NE as 033230 <br />rupee[.: V.B. BANK NATIONAL AeeOCIATION ND <br />4325 17TH AVENUE AN, FARGO, ND salli <br />n bonsideratme of the loan or other credit eccommotlation hereinafter specified antl any future advances or future Cbligations, as defined <br />herein, which may hereinafter be advanced or incur red and the trust hereinafter mentioned and other good and valuable consideration, lire <br />inept arid sufficiency of which are hereby at, IN TRUST Grantor hereby Irrevocably warrants, and sells, transfers, grants, conveys and <br />sslyns to Trustee, his rs antl assigns, IN THUST WITH POWER OF SALE for the benefit antl security of _.. <br />a ucc <br />� Nn a, this _ w _ 1' Lentler" ), the <br />Grantor beneficiary under this Deed of Trust, under and sublet[ t the terms and conditions herein set n forth, <br />Sch with right of entry and possession ell of <br />Grantor's present and future estate, right, bile and interest in and to the Taal property improvements in Schedule A which is attached to this Dead of <br />Trust and Iithoutratetl herein l this reference, together with ell presort and future improvements antl fixtures: all tangible persons) property <br />Including without limitation all n connection equipment, building materials, and goods of every nature (end; privileges, consumer goods) now or <br />hereafter located in on or used in connection with the real property, whether or not ev lousl to the land; privileges, reretoth a Pro and <br />from theme Including all development rights susceptible with the Property, whether previously r subsequently transferred to the Properly <br />from other real property a now or hereafter susceptible of voir an from this Property t other real property; leases, Ilcenses and other <br />agreements; rents, issues and profits; water, well, ditch, reservoir and ed for rights and stocks pertaining to the real property (cumNatiuntil <br />"Property "h to have and to hold the Property and the rights hereby granted for the use and berate[ of Lender, his successors and assigns, until <br />payment 'm full of all Obllgatlona eaaured hereby. <br />Moreover, an further consideration Grantor does, for Grantor and Grantor's heirs, representatives and assigns, hereby expressly warrant, <br />v ant, and agree all Lender antl Trustee and their successors and assigns as follows: <br />1. OBLIGATIONS. This Deed of Trust shall secure the payment and performance of all present antl future Indebtedness, liabilities, obligations <br />and covenants of Borower or Grantor (cumulatively "Obligations ") to Lender pursuant to: <br />(a) this Deed of Trust and the following promissory notes and other agreements, <br />PAINCIPAL AMOUNT? , <br />CBEVIT LIMN" <br />.NDT6 <br />A�e4M1NP GATE <br />per <br />z v <br />.,,��.. <br />28,750.25 <br />02/11/02 <br />02/20/22 <br />00000510037443 <br />m <br />rn N <br />w <br />N <br />FIT <br />It <br />- <br />Ul <br />cn <br />t� <br /><DO <br />on <br />s <br />a <br />0 <br />NEBRASKA <br />00000510037443 <br />DEED OF TRUST oa4B5/ /CSe20 <br />W <br />Recordings Requested by 8 <br />TED L MERITXEW When Recorded Return To* i TRa Nri ITNEW, NARY ELLEN XERITXCW. Nbd AAd ANO WIPE <br />US Recordings, Inc. <br />uaz scaeN ...loppe 2925 Country Drive Ste 201 <br />St. Paul, . MN 55117 Auoness >. <br />1359 LARLAT GN � � Z$ 57,pg <br />ORAND ISLAND, NE as 033230 <br />rupee[.: V.B. BANK NATIONAL AeeOCIATION ND <br />4325 17TH AVENUE AN, FARGO, ND salli <br />n bonsideratme of the loan or other credit eccommotlation hereinafter specified antl any future advances or future Cbligations, as defined <br />herein, which may hereinafter be advanced or incur red and the trust hereinafter mentioned and other good and valuable consideration, lire <br />inept arid sufficiency of which are hereby at, IN TRUST Grantor hereby Irrevocably warrants, and sells, transfers, grants, conveys and <br />sslyns to Trustee, his rs antl assigns, IN THUST WITH POWER OF SALE for the benefit antl security of _.. <br />a ucc <br />� Nn a, this _ w _ 1' Lentler" ), the <br />Grantor beneficiary under this Deed of Trust, under and sublet[ t the terms and conditions herein set n forth, <br />Sch with right of entry and possession ell of <br />Grantor's present and future estate, right, bile and interest in and to the Taal property improvements in Schedule A which is attached to this Dead of <br />Trust and Iithoutratetl herein l this reference, together with ell presort and future improvements antl fixtures: all tangible persons) property <br />Including without limitation all n connection equipment, building materials, and goods of every nature (end; privileges, consumer goods) now or <br />hereafter located in on or used in connection with the real property, whether or not ev lousl to the land; privileges, reretoth a Pro and <br />from theme Including all development rights susceptible with the Property, whether previously r subsequently transferred to the Properly <br />from other real property a now or hereafter susceptible of voir an from this Property t other real property; leases, Ilcenses and other <br />agreements; rents, issues and profits; water, well, ditch, reservoir and ed for rights and stocks pertaining to the real property (cumNatiuntil <br />"Property "h to have and to hold the Property and the rights hereby granted for the use and berate[ of Lender, his successors and assigns, until <br />payment 'm full of all Obllgatlona eaaured hereby. <br />Moreover, an further consideration Grantor does, for Grantor and Grantor's heirs, representatives and assigns, hereby expressly warrant, <br />v ant, and agree all Lender antl Trustee and their successors and assigns as follows: <br />1. OBLIGATIONS. This Deed of Trust shall secure the payment and performance of all present antl future Indebtedness, liabilities, obligations <br />and covenants of Borower or Grantor (cumulatively "Obligations ") to Lender pursuant to: <br />(a) this Deed of Trust and the following promissory notes and other agreements, <br />PAINCIPAL AMOUNT? , <br />CBEVIT LIMN" <br />.NDT6 <br />A�e4M1NP GATE <br />MATUAITy <br />" OATB <br />.' LOAN <br />'NUMesR ""r - <br />.,,��.. <br />28,750.25 <br />02/11/02 <br />02/20/22 <br />00000510037443 <br />del all other present or future, written agreements with Lender that refer specifically to this Dead of Trust (whether executed for the same <br />Or different purposes than the foregoing); <br />let any guaranty of obligations of other parties given to Lender now or hereafter executed that refers to this Deed of Trust; <br />(d) future advances, whether obligatory or optional, to the some extent as If Diego cnntemporad .... ly whir the execution of this Dead of <br />Trust, made or extended on behalf of Grantor or Borrower. Grantor agrees that if one of the Obligations is a line of credit, the lien of this <br />Dead of Trust shall continue until payment in full of all debt due under the line notwithstanding the fact that from time to time (but before <br />lerminotiun of the Inn.) no balance may be outstanding. At no time during the term of this Dead of Trust or any extension thereof shall the <br />unpaid and uutslanding secured principal future advances, not including sums advanced by Lender to protect the security of this Deed of <br />Trust, exceed the following Gordon t: 5 ea 150 d i This provision shall net constitute an obligation upon or commitment of Lender <br />to make additional advances of loans to Grantoq and <br />let all amendments, extensions, renewals, modifications, replacements or substitutions to any of the foregoing. <br />As used is this Paragraph 1, the terms Grantor antl Borrower shall Include and also mean any Grantor or Borrower if more than one. <br />2. REPRESENTATIONS, WARRANTIES AND COVENANTS. Grantor represents, warrants and covenants to Lender that: <br />(a) Grantor has fee simple marketable title to the Property and shall maintain the Property free of all Icons, security Interests, encumbrances <br />and claims except for this Dead of Trust and those described in Schedule Be which is attached to this Deed of Trust and incorporated herein <br />I, reference, which Grainer agrees to pay and perform is a timely manner, <br />if) Grantor is in compliance m ell respects with all Npplcublo federal, state and local lawa and regulations. Including, without limitation, <br />those relating to "Hazardous Materials," as defined herein, and other a antal natters (the "Environmental Laws ") , antl neither it c <br />federal government any other governmental or quasi yDv, ....Dentalubiddy has filed a lien on the Property, nor are there any <br />governmental, judicial or administrative actions with respect to anvimamental matters pending, or to the best of the Grantor's knowledger <br />threatened, which Involve the Property Neither Grantor nor, to the best of Grantors knowledge, any .,her party has usetl, generated, <br />ordered, discharged, .,.,ad, or disposed of any Te,cu ens Materials ae defined barrel, In connection with the Property or traulPmed any <br />Hazardous Materials to or from the Properly. Grantor shall not commit or permit such actions to be taken in the future. The term <br />"Hazardous Materials" shall mean any substance, material, or waste which Is or becomes regulated by any governmental authority <br />DiAuding, but not limited to, (I) petroleum; TO triable or oonfridne asbestos; Biel polychlorinated biphenyls; Irv) those subs'mnoea, materials <br />or wastes designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act or listed pursuant to Section 307 of the <br />Clean Water Act or any amendments or replacements to these statutes; vl those substances, materials or wastes defined as a "hazardous <br />waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act or any amendments or replacements to that statute; and <br />(oil those substances, materials or wastes defined as a "hazartlous substance" pursuant to Section 101 of the Comprehensive <br />Environmental Response, Compene,hum antl Liability Act, or any amendments or replacements to that statute or any other sirealar slate or <br />federal statute, rule, regulation or ordinance now or hereafter in effect. Grantor shall not lease or permit the sublease of the Properly to a <br />tenant or subtenant whose operations may result in contamination of the Property with Hazardous Materials or toxic substances; <br />rrSbut Inal Rn.. rrse e+s. r h e <br />